RULE 1001-1 TITLE; SCOPE AND EFFECTIVE DATE OF RULES Modified 12/2/02
(a) Local Rules of Court. These Rhode Island Bankruptcy Rules and Forms, adopted pursuant to 28 U.S.C. § 2071, Rule 83 of the Federal Rules of Civil Procedure, Federal Rule of Bankruptcy Procedure 9029, and the November 11, 1990 Order of the U.S. District Court, District of Rhode Island, Authorizing Promulgation of Local Bankruptcy Rules, shall be the local rules of the United States Bankruptcy Court for the District of Rhode Island, subject to the limitations set forth in Fed. R. Bankr. P. 9029, and shall govern procedure in all cases and proceedings under Title 11 of the United States Code in the District of Rhode Island. These rules may be referred to as the "Rhode Island Bankruptcy Rules" and shall be cited as "R.I. LBR ", or simply LBR when cited within a local rule.
(b) Applicability of Other Rules. To the extent a procedural matter is not covered by these rules or the Federal Rules of Bankruptcy Procedure, the Local Rules of the U.S. District Court for the District of Rhode Island shall apply.
(c) Waiver or Modification of Local Rules. On motion or on the Court's own initiative, the provisions of these rules may be waived or modified in any case or proceeding for the convenience of the parties or in the interest of justice, as determined by the Court.
(d) Meaning of Terms. Except as otherwise noted, the terms used herein shall have the same meaning as ascribed to them under Fed. R. Bankr. P. 9001, or as defined in other sections of the Code and Rules. The references herein to the Official Forms shall mean the Official Forms as defined in Fed. R. Bankr. P. 9009. The references to R.I. Bankr. Forms shall mean the local forms adopted from time to time by the U.S. Bankruptcy Court for the District of Rhode Island.
(e) Failure to Comply with Local Rules. Failure to comply with the provisions of these local rules may result in the issuance of an order to show cause why appropriate sanctions should not be imposed. Such sanctions may include but are not necessarily limited to, the imposition of monetary sanctions, non-monetary sanctions, dismissal of the case or proceeding, or denial of the relief sought, as the Court in its discretion deems appropriate.
(f) Effective Date. These rules are effective on November 1, 1997, and supersede all previously adopted local bankruptcy rules and administrative orders in this District.(g) General and Special Orders.
(1) The Court may supplement these rules, subsequent to their effective date, by general (standing) orders and administrative procedures issued by the Court as needed.
(2) All future general orders and administrative procedures shell be categorized by the year of adoption and numbered consecutively. Copies of which may be obtained from the Clerk through the Court's web site and in the clerk's office public area.
©1998 US Bankruptcy
Court
District of Rhode Island